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Mishna - Mas. Kilayim Chapter 1 Mishna - Mas. Kilayim Chapter 1
Mishna - Mas. Kilayim Chapter 1 Mishna - Mas. Kilayim Chapter 1
Kilayim Chapter 1
MISHNAH 1. WHEAT AND DARNEL1 DO NOT CONSTITUTE KIL'AYIM2 ONE WITH THE
OTHER.3 [LIKEWISE] BARLEY AND OATS, OR SPELT AND RYE, OR BEANS AND
CHICK-PEAS, OR BITTER PEAS4 AND TOFAH,5 OR WHITE BEANS AND KIDNEY
BEANS,DO NOT CONSTITUTE Kll'AYIM ONE WITH THE OTHER.3
MISHNAH 4. AS FOR TREES, THE PEAR AND THE CRUSTUMENIAN PEAR,12 OR THE
QUINCE AND SORB-APPLE, DO NOT CONSTITUTE KIL'AYIM ONE WITH THE OTHER.
THE APPLE AND THE CRAB-APPLE, OR THE PEACH AND ALMOND, OR THE JUJUBE13
AND LOTE, EVEN THOUGH THEY ARE SIMILAR ONE TO THE OTHER, YET CONSTITUTE
KIL'AYIM14 ONE WITH THE OTHER.
MISHNAH 6. A WOLF AND A DOG, OR A Wlld18 DOG AND A JACKAL, OR A GOAT AND
A DEER, OR A GAZELLE AND A EWE-LAMB, OR A HORSE AND A MULE, OR A MULE
AND AN ASS, OR AN ASS AND A WILD-ASS, EVEN THOUGH THEY ARE SIMILAR ONE
TO THE OTHER, CONSTITUTE NEVERTHELESS, KIL'AYIM19 ONE WITH THE OTHER.
MISHNAH 6. IF ONE WISHES TO LAY OUT HIS FIELD IN LONG BEDS EACH SOWN
WITH A DIFFERENT SPECIES, BETH SHAMMAI SAY: [HE SHOULD SEPARATE THEM BY
THE WIDTH OF] THREE FURROWS OF NEWLY BROKEN LAND,38 WHILE BETH HILLEL
SAY: BY THE WIDTH OF A SHARON YOKE.39 THE DICTUM OF THE ONE IS IN EFFECT
APPROXIMATE TO THE DICTUM OF THE OTHER.40
MISHNAH 5. WHEN A MAN HAS SOWN A LINE OF [AT LEAST] FIVE VINES, BETH
SHAMMAI SAID: THESE CONSTITUTE A VINEYARD;18 BUT BETH HILLEL SAID: THEY
[VINES]19 DO NOT CONSTITUTE A VINEYARD20 UNLESS THEY BE IN TWO ROWS.21
CONSEQUENTLY, IF ONE HAS SOWN IN THE FOUR CUBITS [OF THE SERVICE-PATH]
WITHIN THE VINEYARD, BETH SHAMMAI SAID: HE HAS [THEREBY] CAUSED THE
PROHIBITION [AS KIL'AYIM]22 OF ONE ROW,23 WHEREAS BETH HILLEL SAID: HE HAS
CAUSED THE PROHIBITION OF TWO ROWS.24
MISHNAH 6. IF ONE HAS PLANTED TWO [VINES] OPPOSITE TWO, AND ONE [OTHER
VINE] FORMING A ‘TAll’,25 THIS CONSTITUTES A VINEYARD. IF ONE HAS PLANTED
TWO [VINES] OPPOSITE TWO, AND ONE [OTHER VINE] IN BETWEEN,26 OR TWO
OPPOSITE TWO, AND ONE IN THE MIDDLE,17 , NEITHER OF THESE [COLLECTIONS OF
VINES] CONSTITUTE A VINEYARD UNLESS THERE BE TWO OPPOSITE TWO WITH ONE
[OTHER] PROJECTING LIKE A TAIL.27
MISHNAH 7. IF ONE HAS PLANTED ONE ROW28 [OF VINES] ON HIS OWN [LAND] AND
ANOTHER ROW28 ON HIS NEIGHBOUR'S [LAND], THEN EVEN THOUGH THERE BE IN
THE MIDDLE A PRIVATE ROAD,29 OR A PUBLIC ROAD,30 OR A FENCE LOWER THAN
TEN HANDBREADTHS, THESE [TWO ROWS] COMBINE.31 IF THERE BE A FENCE
HIGHER THAN TEN HANDBREADTHS32 THEY DO NOT COMBINE. R. JUDAH SAID: IF HE
INTERTWINES THEM [THE ROWS OF VINES] ABOVE [THE FENCE, THOUGH IT BE
HIGHER THAN TEN HANDBREADTHS] THEY DO COMBINE.
MISHNAH 8. IF ONE HAS PLANTED TWO ROWS [OF VINES]33 AND THERE ARE NOT
EIGHT CUBITS BETWEEN THEM, HE MAY NOT INTRODUCE SEED THERE [I.E., IN THE
SPACE INTERVENING BETWEEN THE TWO ROWS].34 IF THERE BE THREE [ROWS].35
THEN IF BETWEEN ONE ROW AND ITS COMPANION [ROW]36 THERE ARE NOT SIXTEEN
CUBITS,37 HE MAY NOT INTRODUCE SEED THERE. R. ELIEZER B. JACOB SAID IN THE
NAME OF HANINA B. HAKINAI: IF EVEN THE MIDDLE ROW WAS LAID WASTE AND
BETWEEN ONE ROW AND ITS COMPANION [ROW] THERE ARE NOT SIXTEEN CUBITS,38
HE MAY NOT INTRODUCE SEED THERE;39 ALTHOUGH, HAD HE AB INITIO PLANTED
THESE [TWO ROWS], IT WOULD HAVE BEEN PERMITTED [TO SOW BETWEEN THEM] IF
THEY WERE EIGHT CUBITS [APART].40
MISHNAH 9. IF ONE HAS PLANTED HIS VINEYARD ON [A PLAN OF] SIXTEEN CUBlts
FOR EVERY INTER-SPACE,41 IT IS PERMITTED TO INTRODUCE SEED THERE.42 R.
JUDAH SAID: IT HAPPENED AT ZALMON43 THAT A MAN PLANTED HIS VINEYARD ON
[A PLAN OF] SIXTEEN CUBlts TO EVERY INTER-SPACE; [ONE YEAR] HE TURNED THE
TIPS OF THE VINE BRANCHES OF TWO [ADJACENT ROWS] TOWARDS ONE PLACE,44
AND SOWED45 THE PLOUGHED LAND, AND THE FOLLOWING YEAR HE TURNED THE
TIPS OF THE VINE BRANCHES IN THE OPPOSITE DIRECTION, AND SOWED THE LAND
WHICH HAD BEEN LEFT UNTILLED [THE PRECEDING YEAR]. THE MATTER CAME
BEFORE THE SAGES, AND THEY DECLARED IT PERMITTED. R. MEIR AND R. SIMEON
SAID: EVEN IF ONE HAS PLANTED ONE'S VINEYARD ON [A PLAN OF] EIGHT CUBITS
[BETWEEN EVERY TWO ROWS], THIS IS PERMITTED.46
____________________
(1) Cf. supra II, 9.
(2) Allowing for vineyard service-borders of four cubits each (v. infra VI, 1) on either side, and sixteen cubits in the
middle for sowing. It should be borne in mind that Beth Shammai hold that 8 X 8 cubits is the smallest area that can be
regarded as a ‘field’. If therefore in our case, less than eight cubits remain, that ground is reckoned as forming a part of
the vineyard, and it is forbidden to plant seeds there. As our karahath is flanked by vines on (at least) two sides there
must be the minimum of eight cubits towards either side of the vineyard, i.e., a block of at least sixteen cubits in all,
before it can be sown.
(3) Allowing for service-borders as above, and four cubits, the minimum ‘field’ after Beth Hillel, towards either side,
i.e., altogether eight cubits, for sowing.
(4) **. lit., ‘laid waste’.
(5) Sc. in accordance with the Hillelite ruling.
(6) Even its very centre may not be sown.
(7) The vineyard.
(8) The Hillelite minimum; i.e., after allowing for four cubits of service-border and after deducting the four cubits close
to the fence which are not sown, there are left less than four cubits.
(9) Since not being large enough to constitute a ‘field’ on Its own, it is regarded as part of the vineyard.
(10) V. supra I, n. 7.
(11) I.e., the technical term for the space ‘between vineyard and fence’, is not mehal ha-kerem, as stated by the original
anonymous Tanna, but geder ha-kerem (‘the vineyard fence’), and it is to this geder ha-kerem (as long as it measures not
less than six (Maim. four and a half) cubits) that the rule ‘it is given its service-border, and one may sow the rest’
applies.
(12) And this must measure at least twelve cubits if it is in part to be sown.
(13) Cf. supra II, 8. These are effective partitions and one may sow vines hard upon one side and seeds hard upon the
other side of such partitions.
(14) That a gap of less than three handbreadths does not impair the character of a partition where the law depends on the
presence or absence of a partition is a law (orally imparted) to Moses at Sinai’, (v. ‘Er. 15a).
(15) Which is regarded de jure as wall or fence, and it is therefore permitted to sow immediately in front of it a vine on
the side of the boundary. and seed on the other just as if the fence were actually standing between them.
(16) In the aggregate.
(17) But it is permitted to do so where the fence still stands; if, however, the standing part is less than four handbreadths
and more than three (and the broken part exceeds it) it is forbidden to sow vines on one side, and seed on the other even
where the fence still stands.
(18) And sowing of seed within four cubits thereof is prohibited.
(19) Any number of them.
(20) And one may sow seed at a distance of six handbreadths.
(21) Either of three vines each, vine opposite vine (v. T.J.) or of five vines altogether set out as described infra 6.
(22) **, as used in Deut. XXII, 9.
(23) Since, according to them this constitutes a vineyard.
(24) Which according to them form the vineyard which according to Scripture (Deut. ibid.) becomes prohibited as a
result of too close a proximity of other seed. How many and which of the vines are thus affected is discussed in detail in
T.J. Our Mishnah is an instance of the rare occasions on which Beth Shammai took the more lenient, and Beth Hillel the
more stringent rule. Cf. ‘Ed. V, 2. (Sonc. ed.) p. 31f.
(25) Thus: Rash and Bert.: Maim.:
(26) Maim. and Rash: ‘between either pair’, thus: Bert.: in the continuation of the space between the pairs, thus: (11)
Rash. and Bert.: Maim., Sipponte:
(27) I.e., if in addition to either of the arrangements just described there is another vine ‘projecting like a tail’, they
constitute a vineyard.
(28) One row of two vines and one row of three vines (v. preceding Mishnah).
(29) Four cubits wide.
(30) The standard ‘public road’, ohcrv lrs (referred to in Pe'ah II, 1) is sixteen cubits wide; this is taken by Maim.
as meant here. Others, however, say that here a path less than eight cubits wide is to be understood, rather the kind
designated in Pe'ah ibid., as ohcrv khca,’ a public path’ (passable in the rainy as well as in the dry season).
(31) Sc. to constitute a vineyard so as to forbid sowing seed either between the two rows or within four cubits from
either of them. Even though according to R. Jose and R. Simeon one man's vine forming a tent over another person's
produce does not cause kil'ayim (infra VII, 4). here not another person's but the man's own ‘seed’ is concerned;
moreover the second row belongs to the first man's next-door neighbour, and this might easily give rise to a notion that
the two rows belong to the same man, whose sowing seed between them causes kil'ayim.
(32) The same applies if it is only ten handbreadths high; it is on account of what follows in this Mishnah that here it is
said: ‘higher than ten etc.’.
(33) Of two vines in each, without another one ‘projecting like a tail’.
(34) Because they form sufficient of a vineyard to disallow sowing in the middle of it, even though for the purposes of
sowing on the outer sides they are deemed as not forming a vineyard but as just individual vines. If, however, there are
eight cubits (exclusive of the ground occupied by the vines) between them, the two rows (of two vines each) are deemed
as separate, unrelated rows, and one may sow even between them at a distance of six handbreadths from the vines on
either side.
(35) Of two vines each. Such three rows constitute a vineyard.
(36) Some say (a) between the two outer rows. Others say (b) between one and the next.
(37) The size of a karahath of a vineyard (v. supra 1).
(38) In accordance with note 2 (a), this means only as long as all three rows are there, is a distance of sixteen cubits
required between the two outer rows (before sowing can be done in the intervening space); but if the middle row has
been razed, the character of ‘vineyard’ ceases and one may sow between them (six handbreadths from the vines) even if
they are not sixteen cubits apart. In accordance with note 2 (b) it means: Three rows constitute a ‘vineyard’ and sowing
in either inter-row space is permitted only when each of the latter measures sixteen cubits (v. 1). If the middle row is
razed, the character of the vineyard ceases, etc.
(39) Having once been a vineyard, it remains a vineyard even if any of the three vines, even the middle one, is razed, and
a full-size karahath, i.e. of sixteen cubits, is essential, if the inter-space is to be sown.
(40) According to the beginning of this Mishnah.
(41) Originally so, and not when there were sixteen cubits only after the elimination of one row or more.
(42) At a distance from the vines of only six handbreadths. Even Beth Shammai concur that if, originally, rows of vines
are planted sixteen cubits apart, it is permitted to sow there; they require twenty-four cubits (supra I) only when the
empty space has been formed by the elimination of some vines.
(43) A place-name. Mount Zalmon is mentioned in Judg. IX, 47-48, as near Shechem.
(44) I.e., towards one another.
(45) Leaving six handbreadths clear.
(46) Because then they are deemed as individual vines, and one may sow seed at a distance of six handbreadths.
MISHNAH 7. IF, WHEN ONE HAS PASSED THROUGH A VINEYARD, SEEDS HAVE
FALLEN FROM HIM, OR [SEEDS] HAVE GONE [INTO THE FIELD] WITH MANURE OR
WITH [IRRIGATION] WATER, OR IF AS HE WAS [IN A CORNFIELD] SCATTERING SEED,
THE WIND BLEW SOME BEHIND HIM [INTO A VINEYARD]. NO PROHIBITION
APPLIES;30 IF THE WIND BLEW THE SEED BEFORE HIM [INTO A VINEYARD]31 R. AKIBA
SAID: IF32 IT HAS PRODUCED BLADES, HE MUST TURN THE SOIL;33 IF IT HAS
REACHED THE STAGE OF GREEN EARS,34 HE MUST BEAT THEM OUT;35 IF IT HAS
GROWN INTO CORN,36 IT MUST BE BURNT.37
MISHNAH 5. WHAT IS A SERAK29 TREE? ANY TREE WHICH DOES NOT YIELD FRUIT.
R. MEIR SAID: ALL TREES ARE SERAK, EXCEPT OLIVE AND THE FIG TREE.30 R. JOSE
SAID: ALL SUCH TREES AS ARE NOT PLANTED IN WHOLE FIELDS, ARE SERAK TREES.
MISHNAH 8. IF CANES [FORMING THE TRELLIS] PROTRUDE FROM THE ‘ARIS AND
ONE HAS FORBORNE FROM CUTTING THEM SHORT,45 IT IS PERMITTED TO SOW
DIRECTLY BENEATH46 THEM; IF, HOWEVER, HE MADE THEM [LONG] SO THAT THE
NEW [GROWTH] MIGHT SPREAD ALONG THEM, IT IS FORBIDDEN.
MISHNAH 1. IF ONE HAS BENT [INTO, AND CONDUCTED THROUGH, THE SOIL] A VINE
[SHOOT]1 , THEN IF THERE IS NOT SOIL OVER IT TO THE HEIGHT OF THREE
HANDBREADTHS, HE MAY NOT INTRODUCE SEED ABOVE IT,2 EVEN IF HE BENT [AND
CONDUCTED IT UNDERGROUND] THROUGH A GOURD3 OR THROUGH A PIPE.4 IF HE
BENT [AND CONDUCTED] IT THROUGH ROCKY SOIL,5 THEN EVEN IF THERE BE NOT
SOIL OVER IT TO THE HEIGHT OF THREE HANDBREADTHS, IT IS PERMITTED TO
INTRODUCE SEED ABOVE IT. AS FOR A KNEE-JOINT-LIKE VINE-STEM [FORMED BY
BURYING AND CONDUCTING IT UNDERGROUND],6 ITS SERVICE-BORDER IS
MEASURED FROM THE SECOND ROOT.7
MISHNAH 5. R. JOSE SAID: IT HAPPENED THAT A MAN SOWED [SEED IN] HIS
VINEYARD IN THE SABBATICAL YEAR,28 AND THE MATTER CAME BEFORE R. AKIBA,
WHO SAID: A PERSON DOES NOT CONDEMN [AS KIL'AYIM] THAT WHICH IS NOT HIS
OWN.29
MISHNAH 7. IF THE WIND HAS BLOWN40 VINE-SHOOTS [SO THAT THEY] OVERHANG
[STANDING] CORN, ONE SHOULD IMMEDIATELY LOP THEM OFF;41 IF A MISHAP
OCCURRED TO HIM,42 IT [I.E., THE PRODUCE] IS PERMITTED.43 IF CORN IS BENT [AND
THE EARS REACH] BENEATH A VINE [LIKEWISE IN THE CASE OF GREENS], ONE
SHOULD TURN THEM BACK, BUT [IF THIS HAS NOT BEEN DONE], IT DOES NOT
CREATE A STATE OF CONDEMNATION [AS KIL'AYIM].44 FROM WHAT STAGE IS CORN
CAPABLE OF BEING CONDEMNED AS KIL'AYIM? FROM THE TIME IT HAS STRUCK
ROOT.45 AND GRAPES? FROM THE TIME THEY BECOME AS LARGE AS WHITE BEANS.46
CORN WHICH HAS BECOME THROUGHLY DRY,47 AND GRAPES WHICH HAVE BECOME
FULLY RIPE,48 ARE NOT LIABLE TO BE CONDEMNED [As KIL'AYIM].
MISHNAH 3. THE PERSON DRIVING12 RECEIVES THE FORTY [LASHES].13 AND THE
PERSON SITTING IN THE WAGON RECEIVES THE FORTY [LASHES].14 BUT R. MEIR
EXEMPTS [THE LATTER].15 [THE TYING OF] A THIRD [ANIMAL HETEROGENEOUS TO
TWO ALREADY HARNESSED TO A WAGON] TO THE STRAPS [OF THOSE ANIMALS]16 IS
PROHIBITED.
MISHNAH 4. SHROUDS FOR THE DEAD, AND THE PACKSADDLE OF AN ASS ARE NOT
SUBJECT TO THE LAW OF KILAYIM;14 ONE MUST NOT [HOWEVER] PLACE A
PACK-SADDLE [MADE OF KIL'AYIM] ON ONE'S SHOULDER EVEN FOR THE PURPOSE
OF CARRYING DUNG OUT THEREON.